Mini Guide to the US Family Immigration Process
22/10/20
Have you ever wondered why on earth it takes so long to bring your spouse to the United States?
Love may happen at first sight, but moving in with your loved one to set up house in the United States can take months, or even years, to achieve. Here is a simplified, mini guide to the U.S. Immigration process for a family member residing abroad. For the process, you the US Citizen are called the Petitioner and your loved one is called the Beneficiary.
Step One: United States Citizenship and Immigration Services (USCIS) is responsible for the Petitioner Check:
You (the U.S. Citizen Petitioner) submits the I 130 Petition for Alien Relative to the United States Citizenship and Immigration Services (USCIS). USCIS decides if the I-130 and supporting paperwork meets the legal requirements for immigration. If yes, then the petition is sent to the Department of State for further processing.
Step Two: Department of State (DOS) is responsible for the Beneficiary Check.
Step Two A: National Visa Center (NVC) Administration
On the road to the Embassy, the I 130 petition must first go through the administrative arm of the DOS. The NVC is responsible for double-checking the documents and uploading them into the Consular systems for visa approval/denial. They require a DS 260 Immigrant Visa Electronic Application be completed. They also check the availability of visa numbers and are responsible for booking the appointments at the various Embassies and Consulates around the world. This function is very important as Embassies and Consulates may only have one or two officers, and they would never be able to manage all of the interviews and administrative tasks on their own.
Step Two B: Embassy or Consulate Interview
A Consular Officer interviews the Beneficiary to ensure everything submitted in the I-130 is correct. The information from the DS 260 is compared to the I-130. They also check for any other issues the Beneficiary may have, including criminal history and medical conditions. If everything is to the Consular Officer’s satisfaction, a visa will be issued.
Step Three: The Port of Entry (Many people don’t realize this is a three-step process!!)
Customs and Border Protection (CBP): Final Approval of Immigrant Status
The final interview takes place with a CBP Officer, on the spot, when the Beneficiary lands at their port of entry into the United States. The officer can deny entry to a Beneficiary who has passed all of the above steps if new information comes to light after the visa is issued or during the interview!
Where do we go from here? Don't give up!!
Despite the number of steps above, the immigration process was designed so any U.S. Citizen should be able to follow the steps to complete the process on their own, without paying for outside assistance. However, many people are concerned they will do something wrong which will delay their family member’s arrival in the United States. Also, there is a lot of misinformation out there about the process! The team at Bespoke Immigration Consulting are here to answer your questions using years of direct immigration experience and give you peace of mind, without the immigration attorney price tag! We have packages and bespoke services ready for you! https://www.bespoke-immigration.com/our-services/